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Article
Publication date: 5 April 2024

Jawahitha Sarabdeen and Mohamed Mazahir Mohamed Ishak

General Data Protection Regulation (GDPR) of the European Union (EU) was passed to protect data privacy. Though the GDPR intended to address issues related to data privacy in the…

Abstract

Purpose

General Data Protection Regulation (GDPR) of the European Union (EU) was passed to protect data privacy. Though the GDPR intended to address issues related to data privacy in the EU, it created an extra-territorial effect through Articles 3, 45 and 46. Extra-territorial effect refers to the application or the effect of local laws and regulations in another country. Lawmakers around the globe passed or intensified their efforts to pass laws to have personal data privacy covered so that they meet the adequacy requirement under Articles 45–46 of GDPR while providing comprehensive legislation locally. This study aims to analyze the Malaysian and Saudi Arabian legislation on health data privacy and their adequacy in meeting GDPR data privacy protection requirements.

Design/methodology/approach

The research used a systematic literature review, legal content analysis and comparative analysis to critically analyze the health data protection in Malaysia and Saudi Arabia in comparison with GDPR and to see the adequacy of health data protection that could meet the requirement of EU data transfer requirement.

Findings

The finding suggested that the private sector is better regulated in Malaysia than the public sector. Saudi Arabia has some general laws to cover health data privacy in both public and private sector organizations until the newly passed data protection law is implemented in 2024. The finding also suggested that the Personal Data Protection Act 2010 of Malaysia and the Personal Data Protection Law 2022 of Saudi Arabia could be considered “adequate” under GDPR.

Originality/value

The research would be able to identify the key principles that could identify the adequacy of the laws about health data in Malaysia and Saudi Arabia as there is a dearth of literature in this area. This will help to propose suggestions to improve the laws concerning health data protection so that various stakeholders can benefit from it.

Details

International Journal of Law and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 6 September 2022

Dona Budi Kharisma and Alvalerie Diakanza

This paper aims to identify the reasons why cases of leakage of patient personal data often occur in the health sector. This paper also analyzes personal data protection…

Abstract

Purpose

This paper aims to identify the reasons why cases of leakage of patient personal data often occur in the health sector. This paper also analyzes personal data protection regulations in the health sector from a comparative legal perspective between Indonesia, Singapore and the European Union (EU).

Design/methodology/approach

This type of research is legal research. The research approach used is the statute approach and conceptual approach. The focus of this study in this research is Indonesia with a comparative study in Singapore and the EU.

Findings

Cases of leakage of patient personal data in Indonesia often occur. In 2021, the data for 230,000 COVID-19 patients was leaked and sold on the Rapid Forums dark web forum. A patient’s personal data is a human right that must be protected. Compared to Singapore and the EU, Indonesia is a country that does not yet have a law on the protection of personal data. This condition causes cases of leakage of patients’ personal data to occur frequently.

Research limitations/implications

This study analyzes the regulation and protection of patients’ personal data in Indonesia, Singapore and the EU to construct a regulatory design for the protection of patients’ personal data.

Practical implications

The results of this study are useful for constructing regulations governing the protection of patients’ personal data. The regulation is to protect the patient’s personal data like a patient’s human right.

Social implications

The ideal regulatory design can prevent data breaches. Based on the results of comparative studies, in Singapore and the EU, cases of personal data leakage are rare because they have a regulatory framework regarding the protection of patients’ personal data.

Originality/value

Legal strategies that can be taken to prevent and overcome patient data breaches include the establishment of an Act on Personal Data Protection; the Personal Data Protection Commission; and management of patients’ personal data.

Details

International Journal of Human Rights in Healthcare, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2056-4902

Keywords

Article
Publication date: 27 February 2024

Nofie Iman

Personal data is a powerful tool. The more someone know about us, the more power they got over us. But who will control the most of our personal data? Does the government and the…

Abstract

Purpose

Personal data is a powerful tool. The more someone know about us, the more power they got over us. But who will control the most of our personal data? Does the government and the big tech really care about our personal data? This paper aims to look at data practices, data-related policy making as well as its economic consequences in the context of emerging economies.

Design/methodology/approach

Using qualitative methods such as literature review and analysis of numerous government documents, this paper inquires into the dynamics in the use of data by the business sectors, explains how data governance can add value to the business sectors while ensuring customers’ data privacy protection based on the data governance mechanism framework and details what it takes.

Findings

Using the case of Indonesian recent development on data privacy regulation, this paper describes the problems and threats to personal data protection. The advent of latest computing and mobile technology is shifting power relations between the governments, the big tech, as well as the end users. To conclude, the strategy and policy recommendations for implementing data privacy protection are also presented.

Originality/value

This paper provides a timely synthesis of data practices in the context of developing countries, particularly in relation to policy making and economic consequences. This paper also identifies and shares several promising future research ideas.

Details

International Journal of Law and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 21 March 2024

Sukarmi Sukarmi, Kukuh Tejomurti and Udin Silalahi

This study aims to analyze the development of digital market characteristics particularly focusing on how the strategic choices of platforms are not fully reflected in pricing. In…

Abstract

Purpose

This study aims to analyze the development of digital market characteristics particularly focusing on how the strategic choices of platforms are not fully reflected in pricing. In addition, the implications for the development of theories of harm are investigated to explore the necessity of a relevant market definition in assessing infringement and evaluating the adequacy of Indonesian competition law.

Design/methodology/approach

This study is a legal analysis that uses statutory approaches, cases, comparative law and the development of theories of harm in digital mergers. The case approach is conducted by analyzing three cases decided by the Indonesia Business Competition Supervisory Commission. This approach provides insight into the response of Komisi Pengawas Persaingan Usaha concerning the merger and acquisition cases in the digital era as well as the provision of different analyses in conventional markets. However, competition can be potentially damaged in digital markets and a comparative law approach is taken by analyzing digital merger cases decided by authorities in other countries.

Findings

Results reveal that the digital market has created a “relevant market” that is challenging and blurred due to multi-sided network effects and consumer data usage characteristics. Platform-based enterprises’ prices fluctuate due to the digital market’s network effect and consumer data statistics. Smartphone prices depend on the number of apps and consumer data. Neoclassical theory focusing on product markets and location applied in Indonesia must be revised to establish a relevant digital economy market. To evaluate digital mergers, new harm theories are needed. The merger should also protect consumer data. Law Number 27 of 2022 on Personal Data Protection and Government Regulation on the Implementation of Electronic Systems and Transactions protects online consumers, a basic step in due diligence for digital mergers. The Indonesian Government should promptly strengthen the notion of “relevant markets” in the digital economy, which could lead to fair business competition violations like big data control. Notify partners or digital merger participants of the accessibility of sensitive data like transaction history and user location.

Originality/value

The development of digital market characteristics has implications for developing theories of harm in digital markets. Indonesian competition law needs to develop such theories of harm to analyze the potential for anticompetitive digital mergers in the digital economy era.

Details

International Journal of Law and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-243X

Keywords

Open Access
Article
Publication date: 24 November 2023

Ornella Tanga Tambwe, Clinton Ohis Aigbavboa and Opeoluwa Akinradewo

Data represents a critical resource that enables construction companies’ success; thus, its management is very important. The purpose of this study is to assess the benefits of…

Abstract

Purpose

Data represents a critical resource that enables construction companies’ success; thus, its management is very important. The purpose of this study is to assess the benefits of construction data risks management (DRM) in the construction industry (CI).

Design/methodology/approach

This study adopted a quantitative method and collected data from various South African construction professionals with the aid of an e-questionnaire. These professionals involve electrical engineers, quantity surveyors, architects and mechanical, as well as civil engineers involved under a firm, or organisation within the province of Gauteng, South Africa. Standard deviation, mean item score, non-parametric Kruskal–Wallis H test and exploratory factor analysis were used to analyse the retrieved data.

Findings

The findings revealed that DRM enhances project and company data availability, promotes confidentiality and enhances integrity, which are the primary benefits of DRM that enable the success of project delivery.

Research limitations/implications

The research was carried out only in the province of Gauteng due to COVID-19 travel limitations.

Practical implications

The construction companies will have their data permanently in their possession and no interruption will be seen due to data unavailability, which, in turn, will allow long-term and overall pleasant project outcomes.

Originality/value

This study seeks to address the benefits of DRM in the CI to give additional knowledge on risk management within the built environment to promote success in every project.

Details

Journal of Engineering, Design and Technology , vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1726-0531

Keywords

Article
Publication date: 22 March 2024

Ghulam Mustafa, Waqas Rafiq, Naveed Jhamat, Zeeshan Arshad and Farhana Aziz Rana

This study aims to evaluate blockchain as an e-government governance model. It assesses its alignment with legal frameworks, emphasizing robustness against disruptions and…

Abstract

Purpose

This study aims to evaluate blockchain as an e-government governance model. It assesses its alignment with legal frameworks, emphasizing robustness against disruptions and adherence to existing laws.

Design/methodology/approach

The paper explores blockchain’s potential in e-government, focusing on legal, ethical and governance aspects. It conducts an in-depth analysis of blockchain’s integration into data governance, emphasizing legal compliance and resilient security protocols.

Findings

The study comprehensively evaluates blockchain’s implementation, covering privacy, interoperability, consensus mechanisms, scalability and regulatory alignment. It highlights governance’s critical role in ensuring legal compliance within blockchain paradigms.

Research limitations/implications

Ethical and legal concerns arising from blockchain adoption remain unresolved. The study underscores how blockchain challenges its core principles of anonymity and decentralization in e-government settings.

Practical implications

The framework outlined offers potential for diverse technological environments, albeit raising ethical and legal queries. It emphasizes governance’s pivotal role in achieving legal compliance in blockchain adoption.

Social implications

Blockchain’s impact on legal and ethical facets necessitates further exploration to align with its core principles while addressing governance in e-government settings.

Originality/value

This study presents a robust framework for assessing blockchain’s viability in e-government, emphasizing legal compliance, despite ethical and legal intricacies that challenge its fundamental principles.

Details

International Journal of Law and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 3 November 2023

Eylem Taş

This study aims to explore the findings related to data literacy skills for students to succeed in the digital age labor market and the role of university-industry collaborations…

Abstract

Purpose

This study aims to explore the findings related to data literacy skills for students to succeed in the digital age labor market and the role of university-industry collaborations (UICs) in the co-design and co-delivery of curriculum for the development of students’ data literacy.

Design/methodology/approach

The study uses an interview-based research methodology to gather insights from industry partners and stakeholders. The interviews focus on identifying key data literacy skills, understanding the significance of these skills and exploring the role of UICs in enhancing students’ data literacy.

Findings

The findings reveal several important data literacy skills for students. The most commonly mentioned skills include data evaluation/analysis, identifying the relevance of data and data protection in a sensitive manner. Participants also emphasized the importance of recognizing the interrelationships among data, adapting data across different contexts and strategically combining diverse data. The study emphasizes the role of universities in providing a well-rounded educational setting that fosters the development of data literacy skills. Additionally, it highlights the value of practical collaborations between universities and industries, enabling students to apply theoretical knowledge in real-world contexts.

Originality/value

The study highlights the interconnected nature of various data skills and emphasizes the significance of data literacy in navigating the complexities of the digital age labor market. It also sheds light on the role of UICs in codesigning and codelivering curricula to enhance students’ data literacy. The findings provide valuable insights into the practical implications for UICs in preparing students for the data-driven job market.

Details

Information and Learning Sciences, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2398-5348

Keywords

Article
Publication date: 8 April 2024

Princely Ifinedo, Francine Vachon and Anteneh Ayanso

This paper aims to increase understanding of pertinent exogenous and endogenous antecedents that can reduce data privacy breaches.

Abstract

Purpose

This paper aims to increase understanding of pertinent exogenous and endogenous antecedents that can reduce data privacy breaches.

Design/methodology/approach

A cross-sectional survey was used to source participants' perceptions of relevant exogenous and endogenous antecedents developed from the Antecedents-Privacy Concerns-Outcomes (APCO) model and Social Cognitive Theory. A research model was proposed and tested with empirical data collected from 213 participants based in Canada.

Findings

The exogenous factors of external privacy training and external privacy self-assessment tool significantly and positively impact the study's endogenous factors of individual privacy awareness, organizational resources allocated to privacy concerns, and group behavior concerning privacy laws. Further, the proximal determinants of data privacy breaches (dependent construct) are negatively influenced by individual privacy awareness, group behavior related to privacy laws, and organizational resources allocated to privacy concerns. The endogenous factors fully mediated the relationships between the exogenous factors and the dependent construct.

Research limitations/implications

This study contributes to the budding data privacy breach literature by highlighting the impacts of personal and environmental factors in the discourse.

Practical implications

The results offer management insights on mitigating data privacy breach incidents arising from employees' actions. Roles of external privacy training and privacy self-assessment tools are signified.

Originality/value

Antecedents of data privacy breaches have been underexplored. This paper is among the first to elucidate the roles of select exogenous and endogenous antecedents encompassing personal and environmental imperatives on data privacy breaches.

Article
Publication date: 12 April 2023

Zijun Mao and Yuqian Zhu

The study focuses on influential factors of collaboration on government data security by the Chinese government.

Abstract

Purpose

The study focuses on influential factors of collaboration on government data security by the Chinese government.

Design/methodology/approach

The article explores the case of e-government in the Chinese centralized unitary state system context, using a structured–pragmatic–situational (SPS) approach and the boundary theory as an analytical lens.

Findings

The findings indicate that e-government operates in highly interconnected environments where the safe flow of government data requires collaborative and cross-boundary strategies. Any organization is a potential “weakest link”. In addition, collaboration is fragmented by ambiguous accountability and organizational inertia across government departments, resources differences and limited visibility and measurability of security efforts across government levels and conflicts and uncertainties in principal–agent relationships. The solutions for those obstacles are also discussed from the multi-function, multi-level and multi-actor dimensions, respectively. A multi-dimensional overarching security model for the flow of government data is proposed.

Originality/value

The study advances the technology-oriented micro-analysis of previous studies on government data security to cross-organizational revealing at the macrolevel by connecting streams of research in information systems and public administration. These findings will contribute to making the safe flow of government data more resilient in the transformation of e-government.

Details

Aslib Journal of Information Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2050-3806

Keywords

Article
Publication date: 29 April 2024

Giovanna Culot, Guido Orzes, Marco Sartor and Guido Nassimbeni

This study aims to analyze the factors that drive or prevent interorganizational data sharing in the context of digital transformation (DT). Data sharing appears as a precondition…

Abstract

Purpose

This study aims to analyze the factors that drive or prevent interorganizational data sharing in the context of digital transformation (DT). Data sharing appears as a precondition for companies to capture emerging opportunities in supply chain management and for product-related servitization; however, there are ongoing concerns, and data are often perceived as the “new oil.” It is thus important to gain a better understanding of the determinants of firms’ decisions.

Design/methodology/approach

The authors develop an embedded case study analysis involving 16 firms within an extended supply network in the automotive industry. The authors focus on the peculiarities of the new context, as opposed to elements highlighted by research prior to the advent of the latest technologies. Abductive reasoning is applied to the theoretical foundations of the resource-based view, resource dependence theory and the complex adaptive systems perspective.

Findings

Data sharing is largely underpinned by factors identified prior to DT, such as data specificity, dependence dynamics and protection mechanisms and the dynamism of the business context. DT, however, can influence the extent of data sharing. New factors concern complementarities whenever data are pooled from different sources and digital platforms, as well as different forms of data ownership protection.

Originality/value

This study stresses that data sharing in the context of DT can be explained through established theoretical lenses, providing the integration of elements accounting for new technological opportunities.

Details

Supply Chain Management: An International Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-8546

Keywords

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